Prabhakar Sahebrao Nagre v. The State Of Maharashtra And Others

1 C.A. No. 10438/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD

977. CIVIL APPLICATION NO.10438 OF 2018 IN WRIT PETITION No. 739 of 2018 Prabhakar Sahebrao Nagre ... Applicant.

Versus

The State of Maharashtra and others ... Respondents Mr. Y.P. Deshmukh, Advocate for applicant Mr. A.B. Girase, Government Pleader for respondents No. 1 to 4 Mr. N.B. Khandare, Advocate for respondents No. 6 & 7 Coram : N.M. Jamdar, J.

Date : 7 December 2018.

PER COURT :

1.

By this civil application, the applicant has sought to intervene in Writ Petition No. 739 of 2016. Reply affidavit has been filed on behalf of the original petitioners in Writ Petition No. 739 of 2016.

2.

The petitioners have challenged the order passed by the Honourable State Minister (Revenue) dated 4 October 2017. The

2 C.A. No. 10438/2018 order impugned in the writ petition passed by the Honourable Minister refers to a petition that was filed before the Division Bench of this Court in Public interest, which has set the Government machinery in motion to conduct certain inquiry regarding the property in question. It is recorded in the impugned order that the transfers in respect of the property were not legal. Whatever may be the merits of the writ petition and the correctness of the impugned order, it is clear from the record therein that the transactions alleged had taken place over period of years and steps have been taken pursuant to the public interest petition moved by the applicant. 3.

In these circumstances, I am of the opinion that the applicant needs to be permitted as an intervenor in this petition. 4.

Accordingly the Civil Application is allowed. The applicant is allowed to intervene in this petition. 5.

The applicant will be permitted to address the Court and produce necessary compilation in support of his oral argument. 6.

The compilation, which the intervenor seeks to rely on be supplied to the learned Counsel for the petitioners and the learned Government Pleader in advance.

3 C.A. No. 10438/2018 7.

The statement made by the learned Government Pleader to continue till the next date.

8.

Place the petition on board on 8 January 2019. N.M. Jamdar, J.